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TERMS & CONDITIONS

PillowtalkDerm LLC Terms & Conditions

 

Please read these terms and conditions carefully.


PillowtalkDerm LLC (“PillowtalkDerm”) reserves the right to make changes to these terms and conditions. Each time you use the PillowtalkDerm’s website and related services (collectively, the “Website”), you should visit and review the current terms and conditions that apply to your use of the Website. If you are dissatisfied with the Website or these terms and conditions, you agree that your sole and exclusive remedy is to discontinue using the Website. By browsing, visiting, accessing, and/or using the Website, you accept and agree to the following terms and conditions, as well as any applicable laws, statutes, ordinances, and regulations:

 

  1. You hereby acknowledge that all design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Website is Copyright (c) PillowtalkDerm LLC., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of PillowtalkDerm and protected by U.S. and international copyright laws. All software used on the Website is the property of PillowtalkDerm or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Website for the sole purpose of placing an order with PillowtalkDerm, engaging with the Community or using the Website as a shopping resource. Any other use of materials on the Website - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of PillowtalkDerm is strictly prohibited.

     

  2. The Website and all technology underlying the same are expressly owned, and/or licensed by, and operated by PillowtalkDerm. Unless otherwise noted, the Content is owned by PillowtalkDerm or is licensed by PillowtalkDerm from third parties.

     

  3. I understand that PillowtalkDerm will take available reasonable measures to maintain the security of the Website and to protect information processed through the Website in accordance with PillowtalkDerm Privacy Policy as the same may be amended from time to time. While PillowtalkDerm strives to protect your information, we cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a data breach that impacts the Website, you agree that PillowtalkDerm is not liable for any losses, damages and/or costs you may incur as a result of such data breach.

     

  4. PillowtalkDerm does not make any representations or warranties, whether express or implied in law, as to the sequence, accuracy, completeness or reliability of information, opinions, information, data and/or other Content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers). PillowtalkDerm reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website.

     

  5. You shall indemnify and hold harmless, PillowtalkDerm and its officers, directors, employees, agents, representatives, third – party content providers, designers, contractors, distributors, merchants, sponsors, licensors, successors and assigns, or the like (collectively, the “Indemnified Parties” ) from: (i) any breach of these terms and conditions by you, including any use of Content other than as expressly authorized in these terms and conditions; and (ii) your use of the Website, including your use of any products obtained through the Website. You shall also indemnify and hold harmless the Indemnified Parties from and against any claims brought by third parties arising out of your use of the Website.

     

  6. The website is provided “as is” and “as available” PillowtalkDerm disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non – infringement. In addition, PillowtalkDerm makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the website or any services or products requested through the use of the website, or that the use of the website will be uninterrupted or error – free. You agree that the entire risk arising out of your use of the website, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. Under no circumstances shall PillowtalkDerm be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the website. The foregoing disclaimers and limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of PillowtalkDerm has been advised of or should have knowledge of the possibility of such damages. PillowtalkDerm shall not be liable for any damages, liability or losses arising out of your use of or reliance on the website or your inability to access or use the website.

     

  7. Modifications to the Service and Prices of our products are subject to change without notice. PillowtalkDerm reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. PillowtalkDerm shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

     

    Certain products or services may be available exclusively online through the site.  These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.  We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website.  We cannot guarantee that your computer monitor’s display of any color will be accurate.

     

  8. PillowtalkDerm reserves the right, but is not obligated, to limit the sales of its’ products or Services to any person, geographic region or jurisdiction. PillowtalkDerm may exercise this right on a case-by-case basis. PillowtalkDerm reserves the right to limit the quantities of any products or services that it offers.  All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of PillowtalkDerm.  PillowtalkDerm reserves the right to discontinue any product at any time.  Any offer for any product or service made on this site is void where prohibited.

    PillowtalkDerm does not warrant that quality of any product, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

     

  9. PillowtalkDerm reserves the right to refuse any order placed on the Website. PillowtalkDerm may, in its sole discretion limit or cancel quantities purchase per person, per household or per order.  These restrictions may include orders placed by or under the same customer accounts, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that PillowtalkDerm makes a change to or cancels an order, PillowtalkDerm may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  PillowtalkDerm reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.

     

  10. Third-party links on the Website may direct customers to third-party websites that are not affiliated with PillowtalkDerm. PillowtalkDerm is not responsible for examining or evaluating the content or accuracy and PillowtalkDerm does not warrant and will not have any liability of responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

     

    PillowtalkDerm is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in nay transaction.  Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.

     

  11. The Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer to help the Website analyze how users use the Website.  The information generated by the cookie about your use of the site (including your IP address) will be transmitted to and stored by Google on servers in the Unites States.  Google will us this information for the purpose of evaluation your use of the site, compiling reports on site activity for website operators, and providing other services relating to website activity and internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.  Google will not associate your IP address with any other data held by Google.  You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this site.  By using this site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

     

  12. The Website may only be used for lawful purposes. Activities including, but not limited to, tampering with the Website, misrepresenting the identity of a user, or conducting fraudulent activities on the Website are prohibited.

     

  13. These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any conflict of laws principles. You hereby consent to the exclusive jurisdiction of the courts located in the State of New York in respect of any disputes arising in connection with the website or these terms and conditions.

     

  14. Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of the same by PillowtalkDerm. Any views expressed by third parties on the Website is solely the views of such third party and PillowtalkDerm assumes no responsibility for the accuracy or veracity of any statement made by such third party.

     

  15. These Terms and Conditions and PillowtalkDerm’s Privacy Policy constitute the entire agreement between you and PillowtalkDerm as it relates to the access to and use of the Website. These Terms and Conditions and the Privacy Policy supersede all prior or contemporaneous agreements, negotiations, representations, and proposals, written or oral between PillowtalkDerm and you with respect to the use of the Website.

     

  16. Users of the Website are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the Website for unintended purposes or trying to change the behavior of the Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” ; (f) forging any TCP/IP packet header or any part of the header information in any e – mail or newsgroup posting (if applicable); or (g) forging communications on behalf of the Website (impersonating the Website) or to the Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e -mail on behalf of the Website, including promotions and/or advertising of services, is expressly prohibited.

     

 

Effective Date: June 1 , 2022

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